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HomeMy WebLinkAboutJune 19, 2003 P & ZBEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR SANDY'S DANCEWORICS IN A LIGHT INDUSTRIAL (I-L) ZONE Sandy's Danceworks, LLC, Applicant Case No. CUP-03-027 RECOMMENDATION TO CITY COUNCIL RECEIVED JUL 10 2003 City Of Meridian City Clerk Office The physical address is 269 E. Sa' Avenue. The property is located on the west side of E. 51" Avenue, north of Franklin Road, within the Meridian Business Park Subdivision. 2. The owners of record of the subject property are Wayne E. McDonald & Robert L. Albrecht. 3. Applicant is Sandy's Danceworks, LLC. 4. The subject property is currently zoned I-L. The zoning district of Light Industrial is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The Applicant requests the Conditional Use Permit for a dance studio. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. The Planning and Zoning Commission recognized the concerns of Roger Z. Brown and Catherine M. Brown, expressed in their letter dated June 10, 2003. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR SANDY'S DANCEWORKS BY SANDY'S DANCEWORKS, LLC -CUP-03-027 -Page 1 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All pazking lot lighting shall be in accordance with Ordinance 11-13-4C. 2. All signage shall be in accordance with the standazds set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the pazking lot shall be complied with prior to occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. All internal roads shall have a fuming radius of 28' inside and 48' outside. 4. All access roads within the project shall have a cleaz driving surface with a minnnum width of 20' available at all times. UFC 902.2.2.1 RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR SANDY'S DANCEWORKS BY SANDY'S DANCEWORKS, LLC -CUP-03-027 -Page 2 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Provide a fire alarm system if required. 7: Comply with the applicable sections of the Fire Code in particular the section on Exiting requirements. RECOMMENDATION TO CITY COUNCII- OF APPROVAL OF CONDITIONAL USE PERMIT FOR SANDY'S DANCEWORKS BY SANDY'S DANCEWORKS, LLC -CUP-03-027 -Page 3 Menidian Planning and Zoning Commission Meeting June 19, 2003 Page 25 of 34 Centers: Did we want to add reference to the entrance, Mr. Siddoway, to meet ACHD requirements in the curvatures, et cetera? Siddoway: They'll have to do it anyway, but I think it would be fine to mention. Centers: All right. Zaremba: So included. Centers: There we go Siddoway: On the lot numbering - and I hope this doesn't screw things up - if the pathway lot says as part of Lot 1, then, there are only six open space lots, but in talking to the applicant, it seems to make sense to him to split it off from the street buffer as a separate common lot and give it a number. It currently has no separate number on the plat. Zaremba: It would become 22, then. Siddoway: It would likely become Number 22. Zaremba: Instead of 1-A and 1-B. I'd just incorporate the change without re-reading everything that I already changed. Siddoway: Yes. I think we can handle it. Zaremba: Okay. I would incorporate the -the count on the lots actually remains seven by splitting Lot 1, Block 1, into the front piece that will remain Lot 1, and a wide south piece that will become Lot 22, Block 1. Whatever resulting changes that makes in the other notes. Now, 1 think that's the end of the motion. Centers: Second. Borup: Motion and second. Any discussion? All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES Item 5. Public Hearing: CUP 03-027 Request for a Conditional Use Permit for approval for dance studio use in an t-L zone at 269 East 5"' Avenue for Sandy's Dancework"s by Sandy's Dancework's, LLC - 269 East Stn Avenue: Borup: Our next item, Public Hearing CUP 03-027, request for a Conditional Use Permit for approval for a dance studio in an I-L zone at 269 East 5th Avenue for Sandy's Dancework's by Sandy's Dancework's, LLC. Excuse me. We will continue on. I'd like to open this Public Hearing and start with the staff report. Meridian Planning and ZonU~g Commis~on Meeting June 79, 2003 Page 28 of 34 Siddoway: Thank you, Mr. Chairman, Members of the Commission. You should have received a staff report on this, received June 12~' by the Clerk's Office, written by Sonya and Brad Hawkins-Clark. The applicant wishes to do a dance studio in the Meridian Business Park on East 5~h. Just to orient you a little bit, Franklin Road runs down to the south. The blue color here is the Meridian Fire Station. 5"' Street comes in. The subject property is outlined in blade and is in an existing industrial park, an older aerial photo. I also have the site photo, which is right here that -this is the existing building. The building does already exist. It is amulti-tenant structure. There are three tenants curcently in the building. There are nine vacant -- no. There are nine total three are filled six are currently vacant. The applicant desires to take on three of those in the front portion of the building closest to 5"' Street. The improvements are in for landscaping and parking. The issue for the Conditional Use Permit is really the use. The dance studio is considered a private school and by the ordinance is a Conditional Use in the I-L zone. I think the only real issue, if you skip all the way back to the back of the recommendation, they have noted that staff has concerns about the compatibility of this use in an industrial zone and separate from the use, the only real issue is whether they have enough off-street parking. They detail the parking in finding A on Page 2. They do note that the site currently has 31 parking spaces and if they were to reserve at least three spaces for each of the vacant tenant spaces to make sure that they had parking, there would be a balance of 13 parking spaces available for this dance studio. I think we'd like the applicant to address whether they anticipate that that would be ample parking for their use. They do estimate that they will have about 10 to 12 students per class, so it may work. We need the applicant to address the -- their parking needs in relation to the supply that's cureently there on the site and, with that, I will stand for any questions. Borup: Any questions from the Commission? Zaremba: Yes. Do we have any idea of roughly the hours that the other businesses in this building keep? This applicant has indicated the majority of their business is conducted after 4:30 and I would think there could be some shared use of parking. Siddoway: I do not have personal knowledge. Typically, you see those industrial office warehouse uses having more standard, you know, 8:00 to 5:00 hours of operation. It is possible some of them run later than that, certainly, but we may ask the applicant if they know who else is in there and what kind of hours they have. Centers: I have another question, Mr. Chairman. There is 31 parking places right here? Siddoway: Yes. Let me go to the Site Plan. Centers: Is that based on a square footage of this entire building? Siddoway: Yes. I believe they have more than would ~ required for straight industrial uses, but they do currently provide 31 spaces on the site. Here is the Site Plan. 5rn M~idlan Planning and Zoning Commission Meeting June 19, 20D3 Page 27 of 34 Street where the photo was taken from is over here on the left side. The photo was taken from about this point looking in at the building. The building has an L-shape parking in the front, as well as some parallel parking along the side and these are, you know, loading areas that can access by truck in the rear separate from the front parking Centers: So, all of these and these, maybe this one, and this one, total 31? Siddoway: That's correct. Centers: Okay. Thank you. Borup: Any other questions? Anything else, Steve? Siddoway: That's all I have. Borup: Okay. Would the applicant like to come forward? Waters: I'm Sandy Waters, I'm the owner of Sandy's Dancework's, and right now, my business is in the Cherry Plaza Mall. My business is presently in the Cheny Plaza Mall and the way I conduct my business, I do have moming classes and I limit my class size, so I close my classes - when I get ten students in the Gass in the morning I close it, because I have all three and four year olds in the moming. I do know that 1 won't need - - I do have - I will have adequate parking in this new building. In the evening we start our classes approximately 4:30 in the afternoon and our minimum on our class size is between 12 and 14 students and they are -normally they are older children, which sometimes will be dropped off and, then, picked up. I do have my students' parents sign a contract stating that the children will be dropped off and picked up on time and that's for safety reasons. I believe 1 do have -- this new space will have adequate parking. Borup: Okay. Do you have knowledge of the other businesses in the building? What - think it was one of the Commissioner's questions. Okay. You have someone here that can answer that. Waters: Yes. Borup: Okay, any questions from any of the other Commissioners? Zaremba: I would ask -- you, actually, addressed it a little bit in having your customers sign a contract about the drop off and pick up, but do you have any supervision of the children tF thim}r are droll off early or they are v~lting to -what happens to children who are out of Gass, but not picked up yet? Waters: We do have - we are very concerned about the children's safety and so if the child is not picked up on time, we will make them wait inside. We won't let them outside of the room, because, you know, there is -- there is all kinds of safety issues with that and, normally, especially in the moming time, the three and four year old classes, the Merldlan Planning and Zoning Commisefon Meeting June 19, 2003 Page 28 of 34 parents stay there the whole entire time, because they are concerned about their own child. We are very cautious and that's why we have our parents sign a contract, because we don't -- first of all, we don't want any legal issues and we do want them to be clear of the rules and regulations that we put forth in their contract. Zaremba: Thank you. Borup: Sandy said someone had some information on the other businesses? Albrecht: My name is Bob Albrecht I'm one of the owners of the building, and just a correction on the information by staff. I don't know that it's pertinent. There are currently four tenants in the building. We have an electrical contractor -see, I'm not used to these buildings. I don't have one of these fancy pointers, so we could do that. We currently have an electrical contractor in the building that takes this area here. I have a plumbing business. We have a shop in this area here. We have an insulation contractor that goes roughly in this area. We have a warehouse distribution area about in here. Sandy will take up the remaining iwo spaces. I see where the confusion is, because the building was originally submitted as a nine tenant building and as we fit up for our tenants, our initial tenants, we ended up with less. Borup: So, that fills the -- she would fill the building, then? Albrecht: Yes. Borup: So, it sounds like all fhe businesses are daytime businesses and there wouldn't be any - Albrecht: They are. Could I get you, Mr. Siddoway, to flip back to the picture of the parking lot? This picture was taken during the day and that's typically how the parking lot looks during the day. Our largest employer -our largest employer is Marv's Insulation and they have approximately eight employees. Centers Electric has anywhere from six to eight people, depending on the time of the year. I, generally, have two people that come to the shop. That leaves us open for parking. We have had at times parking from the people to the north that sometimes have inventory overstock in their parking lot, but we have plenty of room for that. Let's see. I tried to make some notes. Borup: So, it looks like after 5:00 or 5:30 or so - Albrecht: Yes. Our hours of operation where we are -the three of us are construction oriented, typidally are in ailtl'tiUt of there betty®eri 7:Ob'to 7:$0 in the morning and roll in when we are done. On a good day that's 4:30 and, you know, my guys came in at 6:00 tonight and the insulators gbt in at 3:30 and just - it just varies. Borup: So, I mean - what I was getting at, it sounds like in the evening after that time that they have got the whole parking lot to themselves. Meridian Planning and Zoning Commisafan Meetlng June 19, 2003 Page 29 of 34 Albrecht: Yes. I was -- I had occasion, the way the day ended up, to sit on the tailgate of my truck and have lunch at about 3:30. Another thing, we all access down the backside of the building. Marv's guys park out front and, then, walk around, but all of Eric's people, my people, and the remainder of Maw's typically access down the back. That's where our overhead doors are we are pulling the shop trucks in and different things like that. Let's see. I think that's all I have. Borup: Any other questions? Zaremba: Well, that last -that was an answer to the question assume there were the big bay doors and most of your tenants of the building - Albrecht: That's correct. I don't have a front door. Zaremba: -for coming and going. Albrecht: I wasn't willing to pay that much rent, so - Zaremba: Let me ask -- Albrecht: They gave me a bad place. I was going to ask. I are using the backside Zaremba: - a couple of technical questions. Usually -you're listed as owner of -- one of the owners of record on this property. Usually, we need have the owner's permission for an application like this. I assume since you're here testifying they have your permission. Albrecht: 1 thought we signed one of those. Zaremba: You probably did. I don't see it in the packet. I just wanted to clarify. Your word -- Albrecht: Yes. It's okay with us. Zaremba: Your word is good enough forme. Albrecht: For the record. Zaremba: Then, one other question. Let's see. Roger Brown and Katherine Brown. They appear riot tb be on y~our4 property, but prob~6ly'n~xt door. 205 East 51h Avenue. Albrecht: I'm prepared to address that. Zaremba: They have sent us a letter just generally in opposition to it and they state a similar problem the staff was bringing up for us to be concerned about and that is there Meridian Planning end Zoning Commission Meed~g June 79, ZOQ3 Page 30 of 34 is a lot of trucks that come and go and is this a safe place for children to be. Do you know them? Albrecht: Pardon? Zaremba: Do you know the Brown's? Albrecht: I have found a technical device here. I know them, yes. I'm familiar with them, if I could address staffs concerns, as well as Mr. and Mrs. Brown? There are a couple of issues in Mr. Brown's letter that I would take issue with. The first being that the business park was sold and presented to the buyers as a light manufacturing and, therefore, he draws the conclusion that any other use to should be prohibited. The acceptable uses for the zoning that the property is located in is not defined by the City of Meridian to exclude the use we are applying for. Further, it seems as though the dance studio has been an acceptable use in similarly zoned properties within a mile to the east and a mile to the northeast of us. It tells me that it has been a little bit of a -- it has not been a problem, but an acceptable - an acceptable use. The second issue in Mr. Brown's letter was the parking on the street. The parking of the vehiGes on East 5th Avenue is predominately done by the businesses on the corner of Bower and East 5`n which would be the property that would be right here next to us. Quite often their parking lot is utilized for inventory storage and so they park on the street. I have been on East 5`n for seven years with my business and I have never had a problem with it Yes, when they are -parking on the street is not prohibited in that area. It does tighten up the street - up the street a little bit. I don't see that as a bad thing. I have a tendency when the street's got cars on it to drive a little slower, in case somebody comes out in front of it -- in front of me. We have no problem with -- with parking, as I have already discussed, particularly at the times of operation that -that Sandy's Dancework's as presented. With regards to traffic, if traffic is the determining factor for a dance studio, it would appear that possibly the only acceptable location for such a business would be a residential subdivision or out in the country away from populated areas. East 5`n is eGipsed by the traffic in retail centers or even on Meridian Main Street, for that matter, many of the other business areas of the community. It's the nature of the Treasure Valley. We have a lot of traffic and we have a lot of people. As I mentioned earlier, I have been on that street for seven years.. I don't notice the traffic being as bad when I drive down East 5"' as it is when I go most anywhere else. I've never had a -never -very seldom have I had to wait to make alert-hand turn onto East 5th or into the parking lot of this property or the property where I was located before. It's just not there. Yes, we have Handy Trucking. Yes, we have my company. We have the other companies in there. One thing about the layout of this subdivision -- could Isee that real quick is the access -- We have access off of Main Street via Bower on East 5"` into this area. '1Aife' have access for "i~rrerything over in this part of the subdivision byway of Baltic and King Street off of Franklin, and, then, the northern end of the -excuse me -the southern end and the entrance around there off of Franklin. I find - I don't sit and study traffic, it really doesn't excite me, but I find when I pass people that I know that are in there, they are always coming from the same direction and it flows pretty good. I think it was a well laid out subdivision. I think that safety and the issues there, I think the facts pretty well speak fpr themselves. With that, I would Meridian Planning end Zoning Commission Meeting June 19, 2003 Page 31 of 34 ask that in considering the application that you would consider those facts with regards to safety, accessibility, and the impact to our neighbors. The impact on our neighbors would be negligible based on Sandy's presented hours of operation. As far as accessibility, we have plenty of unused off-street parking adjacent to the property at all hours of the day. Third, with regards to safety, the amount of traffic on East 5 , as I have alluded to earlier in my presentation, compared to the retail and business locations throughout the dty, is extremely fight when that comparison is made. Further, the private and limited access of the parking lot provides, in my mind, superior security, and safety to the students of Sandy's Dancework's, in contrast -- in contrast to more publicly accessible areas. That's all I have. Thank you. Borup: Anything else from any Commissioners? Thank you. Do we have anyone else to testify on this? You may as well. You're the last one. McKinniss: My name is Mike McKinniss I'm with J.L. Boyd Company. We are the leasing agent for Mr. Albrecht. I just, very quickly, wanted to bring into the record that there is precedent for this, with the Conditional Ilse Permit granted to Meridian Academy of Gymnastics in August to 2000 at 1530 East Commercial Avenue, Meridian, Idaho. That's it. Borup: Okay. Thank you. Zaremba: Mr. Chairman, I move the Public Hearing be dosed. Centers: Second. Borup: Motion and second to dose the Public Hearing, all in favoR Any opposed? MOTION CARRIED: ALL AYES Centers: Mr. Chairman, I look at this and I looked at this before I got here tonight, as compared to the church that wanted to go into the industrial zone. I look at it very similar to that. If a church wants to be in an industrial zone, the way I looked at it that night, they should be allowed to, if their congregation wants to go there. I feel the same way about this. If they want to least their space to a dance studio and you don't have any people here objecting to it, I think that's fine. This Mr. Brown that wrote the letter, he would have referred to the fact that I'm going to be out of town the night of your hearing, can't be there, then, I would consider his letter, but I would say all that and, then, say this, that I know that leases are drawn up and a number of parking spaces are allowed per square footage r tenant and I don't, think - I think it's a management issue and `if the managelri®h~bf that building w to lease the space to a tenant that will be taking up a good share of the parking, that should be their decision. They might lose tenants in the future because of that, but that's their problem. That's the way I look at it. Rohm: So, it's anon-issue. The parking is a non-issue Meritlien Planning end Zoning Commission M~tirp June 79, 2003 Page 32 aT 34 Centers: It's a management decision, as far as I'm concerned. There is plenty of parking there, but there may not be in the future and, then, the management has to address that with the other tenants that are there. Zaremba: I didn't ask this question specifically, but I would make the assumption that the applicant is experiencing a growing business and is making this move from her present location to move into a larger space and I certainly am in favor of encouraging businesses to grow. The applicant wants to be there and the owner of the building operates his own business out of that building and certainly knows whether it's going to function well. I'm satisfied. Borup: I felt the same as Commissioner Centers. I had no problem with the zoning. My only concern was the parking. Knowing that this fills up the space did make a difference, in that there aren't going to be future -other than. tenants changing, there won't be future spaces filled. Then, the hours of operation makes a big difference, too, with most of it in the evening hours. Centers: Yes. I think the owner has got 12 to 14 parking spaces out front there and - which would fill the parking lot. Then, as I said, he's going to have to address that with his remaining tenants. Borup: If the daytime business picks up. Centers: Right. Having said that, I would make a motion that we approve Item CUP - Item 5 on the agenda, CUP 03-027, request for a Conditional Use Permit for approval for dance studio use in an I-L zone at 269 East 5th Avenue for Sandy's Dancework's by Sandy's Dancework's, LLC, at 269 East 5"' Avenue. Including all staff comments from their memo dated June -- excuse me. Hearing date dated June 19"' and we received it June 12th. Zaremba: I'll second that. Borup: Motion and second, all in favor? Mathes: Abstain. Borup: Three ayes and one abstain. MOTION CARRIED: THREE AYES, ONE ABSTAINED Borup: That boncludes. 'fYiiail~C yau. Item 6. Public Hearing: Lot Split Ordinance: Zaremba: Mr. Chairman? Borup: Commissioner Zaremba.